Internal review

The internal review process is a process that gives an affected person the right to seek review of a ‘reviewable decision’ made by the VBA.

The internal review process is separate and independent from a show cause process, and is intended to provide a faster, less expensive way for a reviewable decision to be reviewed, rather than via a more formal external review function.

Under the Building Act 1993 (the Act), the term ‘reviewable decision’ means a decision:

to refuse to grant registration

to impose a condition on a practitioner's registration

to refuse to renew a practitioner's registration

to immediately suspend a practitioner's registration

to take disciplinary action against a practitioner

to give direction under section 205M of the Act; and

a decision prescribed by the Building Regulations 2018 as being a decision for which a person may apply for internal review.

Show cause decision

Following notice of a reviewable decision by the VBA in relation to a practitioner's conduct, a practitioner who is dissatisfied with the reviewable decision may apply for internal review of the reviewable decision via the VBA's internal review process. A practitioner may also apply to the Victorian Civil Administrative Tribunal for review of an internal review decision made by the VBA.

The recent withdrawal of nine Certificates of Conformity issued under the CodeMark Scheme has again highlighted the need for practitioners to take due care when accepting Certificates as evidence of suitability. While practitioners are entitled to accept or rely on a Certificate as evidence of suitability, they need to carefully review each Certificate to ascertain its current validity.

The Victorian Building Authority (VBA) welcomes the decision of Vice President Judge Woodward of the Victorian Civil and Administrative Tribunal (VCAT) in the proceedings brought by the owners of the Lacrosse building against LU Simon Builders Pty Ltd and others.